Frequently Asked Questions

About the EEO-1 Component 1 Report

What is the EEO-1 Component 1 Report?

What is the EEO-1 Component 1 Report?

Since 1966, the EEOC has required EEO-1 filers to submit demographic data on an annual basis. All private employers that are covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et. seq., as amended (Title VII) and that have 100 or more employees are required to file the EEO-1 Component 1 Report. In addition, the Office of Federal Contract Compliance Programs (OFCCP) regulations require certain federal contractors to file the EEO-1 Component 1 if they have 50 or more employees and are not exempt as provided for by 41 CFR 60-1.5.

Employers meeting the reporting thresholds have a legal obligation to submit annual workforce data on their employees by race/ethnicity, sex and job category. The data include seven race/ethnicity categories and 10 job categories. EEO-1 Component 1 data are used by the EEOC to investigate charges of employment discrimination against employers and to provide information about the employment status of minorities and women.

Filing Deadline

What is the EEO-1 Component 1 filing deadline?

The deadline for submitting 2019 and 2020 EEO-1 Component 1 data is Monday, July 19, 2021.

Data Security and Confidentiality

Is EEO-1 Component 1 data confidential?

All reports and any information from individual reports are subject to the confidentiality provisions of Section 709(e) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(e), as amended (Title VII) and may not be made public by the EEOC prior to the institution of any proceeding under Title VII involving the EEO-1 Component 1 data. Any EEOC employee who violates this prohibition may be found guilty of a criminal misdemeanor and could be fined or imprisoned. The confidentiality requirements allow the EEOC to publish only aggregated data, and only in a manner that does not identify any particular filer or reveal any individual employee’s personal information.

What Employers (i.e., Companies) Must File?

What companies are required to file the EEO-1 Component 1 Report?

The following companies are required to file the EEO-1 Component 1 Report annually:
  1. Private employers (who are subject to Title VII of the Civil Rights Act, as amended) with 100 or more employees.
  2. Federal government prime contractors or first-tier subcontractors subject to Executive Order 11246, as amended who are not exempt as provided for by 41 CFR 60-1.5, with both 50 or more employees and a prime contractor or first-tier subcontract amounting to $50,000 or more.
  3. Companies that serve as a depository of Government funds in any amount or as a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes and have 50 or more employees.

If a company or establishment has less than 100 employees but is associated with other company(s) or a parent company where the entire enterprise employs a total of 100 or more employees. Does the company need to file an EEO-1 Component 1 Report?

If an establishment is affiliated through common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more, the common ownership headquarters must file the EEO-1 Component 1 Report. The headquarters or parent company must file for all its subsidiaries and establishments/locations.

If a company only has 50 or more employees OR a federal government contract worth $50,000 or more, but not both, is it necessary to file?

No, a company must meet both requirements of at least 50 employees and a federal government contract, subcontract or purchase order amounting to $50,000 or more to meet the filing requirements.

Will companies need to file EEO-1 Component 1 data for both 2019 and 2020 in April 2021?

Employers must file the EEO-1 Component 1 Report for each year they were in business and met the filing requirements. In April 2021, eligible companies will be required to first file for 2019, then file for 2020 after the 2019 report is submitted and certified.

Are there any employers exempt from filing the EEO-1 Component 1 Report?

Biennially, State and local governments with 100 or more employees should file the State and Local Government Information EEO-4 report public elementary and secondary school districts with 100 or more employees are required to file an Elementary-Secondary Staff Information Report EEO-5 report and local referral unions with 100 or more employees should file a Local Union Report EEO-3 report. Institutions of higher education, American Indian or Alaska Native tribes and tax-exempt private membership clubs other than labor organizations are exempt from filing EEO-1 Component 1 Reports. However, non-profits and not for profit organizations are required to file the EEO-1 Component 1 Report.

Preparing to File

Company Information

What is the significance of the EIN identification number?

The EIN is assigned by the IRS and is used to identify business entities. Filers must identify the employer identification number (EIN) for each company establishment that has a different address and/or NAICS code. Companies will be required to provide an EIN for each establishment location when filing the EEO-1 Component 1 annual report.

What is the appropriate NAICS code?

The North American Industry Classification System (NAICS) code is based on the standardized classification system which groups establishments by primary business activity. Each employer establishment should have an appropriate NAICS code. NAICS codes are updated by the U.S. Office of Management and Budget (OMB) every five years. To identify the correct NAICS code for each establishment, please reference this 2012 to 2017 NAICS crosswalk .

How to Count Employees

What is a workforce snapshot pay period?

The workforce snapshot pay period is a single pay period, selected by the employer, within the last quarter to count employees for the EEO-1 Component 1 filing. Examples of pay periods are: weekly, every two weeks, twice a month, etc.

Which workforce snapshot pay period (i.e., pay period) must employers use to extract EEO-1 Component 1 employment data?

Employment data must be pulled from one pay period in October, November or December of the current data collection year. This is referred to as the workforce snapshot pay period.

Do companies need to select the same workforce snapshot pay period for 2019 and 2020?

No. Companies may select different workforce snapshot pay periods for 2019 and 2020.

Which Employees Must Be Included in the Report

Are employers required to report employees who were employed during the selected workforce snapshot pay period even if they were no longer active employees by December 31st of the data collection year?

Yes. Even if an employee resigned or was terminated before December 31 of that year, the employee must be reported if the employee was employed during the selected workforce snapshot pay period.

Should part-time employees be included in the report?

Yes. Both full and part-time employees must be included in EEO-1 Component 1 Reporting.

Does the EEO-1 Component 1 Report require data on applicants who were not hired or employed during the selected workforce snapshot pay period?

No. The EEO-1 Component 1 Report only requires data on current employees during the selected workforce snapshot pay period.

How should employees who telework (i.e. work from home) be reported on the EEO-1 Component 1 Report?

Employees who telework, i.e., work from home, must be included in the EEO-1 Component 1 Report for the establishment to which they report. DO NOT include home addresses for these employees as a company location.

How to Classify Employees into Categories

How do employers determine an employee’s race/ethnicity?

Self-identification is the preferred method of identifying race/ethnicity information necessary for the EEO-1 Component 1 Report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Component 1 Report.

As to the method of collecting data, the basic principles for ethnic and racial self-identification for purposes of the EEO-1 Component 1 Report are: (1) offer employees the opportunity to self-identify; (2) provide a statement about the voluntary nature of this inquiry for employees.

What if employees decline to self-identify their race/ethnicity?

Self-identification is the preferred method of identifying race/ethnicity information necessary for the EEO-1 Component 1 Report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Component 1 Report. However, if employees decline to self-identify their race/ethnicity, employment records or observer identification may be used. Where records are maintained, it is recommended that they be kept separately from the employee’s basic personnel file or other records available to those responsible for personnel decisions.

How do employers classify employees into the job categories listed in the EEO-1 Component 1 Report?

The EEO-1 Component 1 job categories are based on employee skill level, knowledge, and responsibilities. They are designed to reflect common company hierarchies. Employers should select the category which best reflects the job function performed by each employee.

Foreign (non-United States) Affiliations

Do employers report establishments or locations that are outside of the U.S.?

No. Companies should not include establishments or locations that are outside of the 50 United States or the District of Columbia. No reports should be filed for establishments in Puerto Rico, the Virgin Islands or other American Protectorates.

How do employers report employees if the company is foreign-owned?

For companies that are foreign-based without a US-based headquarters, each subsidiary or holding within the U.S. must file its own EEO-1 Component 1 Report. In this instance, one subsidiary may take responsibility for filing for all company entities in the U.S., but the companies are not required to file jointly. However, if there is an established U.S.-based headquarters, the headquarters is responsible for filing for any and all subsidiaries/holdings in the U.S.

Single or Multi-Establishments

What is an establishment?

An establishment is generally a single physical location where business is conducted or where services or industrial operations are performed. Units or offices at different physical locations, even though engaged in the same kind of business operation, must be reported as separate establishments.

For businesses involving physically dispersed individual activities (construction, transportation, communications, electric, gas, and sanitary services, oil and gas fields, etc.), it is only necessary to report individual sites if they are treated as separate legal entities. For these locations, the establishment for these employees is the location:

  1. Directly responsible for supervising dispersed activities;
  2. Or, the base from which personnel and equipment operate to carry out these activities (Where these dispersed activities cross State lines, at least one such establishment should be listed for each State involved.)

What is the difference between a single-establishment and a multi-establishment company?

A single-establishment company does business at only one physical address. A multi-establishment company does business at two or more physical addresses.

Single-establishment companies are only required to submit one EEO-1 Component 1 data record/report. Multi-establishment companies are required to submit a) a separate report for the headquarters, b) a separate report for each establishment of the company with 50 or more employees, c) a separate report for each establishment with fewer than 50 employees, and d) a consolidated report that includes all employees.

If a company does business under multiple NAICS codes, do multiple EEO-1 Component 1 Reports need to be filed?

EEO-1 Component 1 Reports are based on physical locations. If the one location has multiple NAICS codes, the filer must use the NAICS code under which the greatest number of employees operate.

If a company’s headquarters is a holding company with zero employees, is it still necessary to file?

If a holding company and its holdings meet the filing requirements, the holding company must file on behalf of all associated companies and establishments.

How do employers report employees who work at client sites?

Employers have the option to either a) report employees working at client sites using the client site address as the location of the establishment, or b) report those employees at a non-client site employer address.

How do employers report employees at U.S. government and military locations that are restricted from disclosure?

When reporting employees located at military sites considered confidential, employers may enter “SECRET” or “CONFIDENTIAL” in the address field and enter the actual city, state and zip code of the military site address.

My company has several establishments that are located at the same address. Do we submit separate reports for each entity?

If the establishments that are located at the same address AND have the same North American Industry Classification System (NAICS) code and the same EIN, the establishments MUST be combined into only one report. These are considered one establishment for EEO-1 Component 1 Reporting.

If my organization has a different (i.e., separate) EIN than my parent company’s corporate headquarters, should I file my EEO-1 Component 1 Reports separately?

No. Your parent company’s corporate headquarters is responsible for filing EEO-1 Component 1 Reports for your company as well as any other commonly owned, controlled, managed or affiliated subsidiaries/holdings.

Getting Started

How Do I File?

What are the options for submitting the EEO-1 Component 1 Report?

The preferred and most efficient method of submitting EEO-1 Component 1 Reports is through the EEO-1 Component 1 Online Filing System or as an electronically transmitted data file TEXT or CSV via a data file upload. The filer support page on the website will include data file upload instructions in April 2021, when data collection launches. Specifications will be similar to those provided in previous years. For a summary of the data employers will need to collect, please see the Fact Sheets on Preparing Data – Single-Establishment Companies, or Preparing Data – Multi-Establishment Companies .

Is a company now able to file for previously required years if it failed to do so before the deadline?

No. Filers may not submit EEO-1 Component 1 data for previous years once the data collection has closed. The EEO-1 Component 1 Online Filing System does not allow employers to file for previous years. For example, the 2018 EEO-1 Component 1 data collection has closed. Employers can no longer submit 2018 EEO-1 Component 1 Reports to the EEOC. In 2021, filers will first file for 2019 and then file for 2020 because the 2019 data collection was delayed due to the COVID-19 pandemic.

Employers (i.e., Companies) Filing for the First Time

If an employer (i.e., company) has never filed an EEO-1 Component 1 Report before, how can the filer get started?

Once the registration system is open, visit EEOCdata.org/eeo1, navigate to the registration page and follow the online instructions. After submitting the registration form you will be provided with a Company ID and Passcode. File using the Company ID and passcode that is provided.

Registration is currently not open. Please submit contact information via filer support page ‘Contact Us’ Form to receive updates when the registration system is open.

If an employer (i.e., company) is required to file the EEO-1 Component 1 Report for the first time, how does a filer obtain an EEO-1 Component 1 company ID and passcode?

Once the registration system is open, visit EEOCdata.org/eeo1, navigate to the registration page, and follow the online instructions for companies filing for the first time. After submitting the registration form, a filer will receive a Company ID and Passcode. This will be used to create accounts for a company.

Employers (i.e., Companies) That Have Filed Before

How can a filer access a company's profile to begin submitting the EEO-1 Component 1 Report?

All filers will need to create a new user account in 2021 using the company ID and passcode included in the notification letter. This letter will be mailed to filers in April 2021.

Once the user account is linked to a company, the filer will be able to access the company profile and file the company EEO-1 Component 1 Report via the EEO-1 Component 1 Online Filing System.

How can filers update a company’s point of contact(s) for the EEO-1 Component 1 data collection?

Contact the EEO-1 Component 1 Filer Support Team to submit the company’s updated contact information. This request must be submitted by an authorized official who is currently a point of contact, or include a letter, in electronic PDF format, on company letterhead, from an authorized official of the company, identifying the new contacts.

How can a filer view a company's prior year reports?

Company EEO-1 Component 1 Reports from 2015, 2016, 2017, and 2018 will be available when the EEO-1 Component 1 data collection launches in April 2021.

Are companies able to correct employment information provided in prior year reports?

No. Companies are not able to correct or update employment information reported prior to the 2019 and 2020 EEO-1 Component 1 data collections. Companies will be able to correct 2019 and 2020 EEO-1 Component 1 data until these data collections are closed.

Account and Log-in Information

Can filers use login information from the EEO-1 Component 2 data collection?

No. The account information for the now closed EEO-1 Component 2 data collection cannot be used to access the EEO-1 Component 1 Online Filing System. These are two different data collections, using distinct and separate systems.

How can a filer create an account?

When the EEO-1 Component 1 Online Filing System opens, each user will create a unique user account. This will be a new account specifically for the 2019 and 2020 EEO-1 Component 1 filing. Once the user account is created, authorized staff can use the Company ID and passcode provided in the advance notification letter to link the company to their account. If a user is authorized to file EEO-1 Component 1 Reports for multiple companies, they can link multiple companies to their user profile.

What should a filer do if a company did not receive (or cannot locate) the advance notification letter that includes the company passcode?

The letters will be mailed in April 2021. If a company does not receive the letter by the end of April, check the website for any applicable updates. If necessary, contact the EEO-1 Component 1 Filer Support Team to obtain the Company passcode, and update the contact information if needed. It will be necessary to verify that the caller is authorized to receive this information. The caller must be an existing point of contact in our records or must provide a letter on company letterhead in electronic PDF format, signed by an authorized company representative authorizing filer access.

The company point of contact has changed since the last data collection. How does a company update a point of contact?

Please use filer support page ‘Contact Us’ Form to submit updated contact information. In the request, please send the following information:

  1. Company Name
  2. EIN
  3. New Contact Name
  4. New Contact Email
  5. New Contact Phone Number
  6. Whether this replaces or adds to existing contacts
  7. New Mailing Address (if applicable)

Can companies include more than one point of contact to receive all communications?

Yes. Companies can include more than one person as the point of contact. Companies can also add additional contacts.

Company Organizational Changes

Mergers

If a company has experienced a merger since the last data collection period, how should these changes be reflected in this year's report?

Mergers that occurred between August 2019 and December 2020 should be reported to the EEO-1 Component 1 Filer Support Team through the filer support page ‘Contact Us’ Form. When contacting the support team, please be prepared to provide the following:

  1. Names and addresses of each establishment of the companies included in the merger including the corporate headquarters and subsidiary establishments (unit numbers, if known).
  2. Company ID and/or EIN for each company (if known).
  3. Name and address of the new company (if applicable).
  4. New company contact information including, name, title, email, and phone number.
Acquisitions

If a company has acquired another company, or establishment(s) of another company, since the last data collection period, how should these changes be reflected in this year's report?

Acquisitions that occurred between January 2019 and December 2020 should be reported to the EEO-1 Component 1 Filer Support Team through the filer support page ‘Contact Us’ Form. When contacting the support team, please be prepared to provide the following:

  1. Name and address of the acquiring company.
  2. Company ID and/or EIN of the acquiring company.
  3. Names and addresses of each acquired company or company establishment(s) (unit numbers, if known).
  4. Company ID and/or EIN for each location involved in the acquisition (if known).
  5. New company contact information including, name, title, email, and phone number, if applicable.
  6. Specify which company is the acquiring company, and which company or establishments are the acquired company or establishments (the company ID of all acquired companies or establishments will be useful).
  7. If the acquiring company acquired a small company that otherwise would not be required to file the EEO-1 Component 1 Report, or has not previously filed, the acquiring company must add the small company and file for the new employees through the EEO-1 Component 1 Online Filing System.

If a company just acquired a small company that was not required to file EEO-1 Component 1 Reports in the past, does the company still need to contact the EEO-1 Component 1 Filer Support Team before filing the EEO-1 Component 1 Report?

When a company acquires another company (“aquiree”) that would otherwise not be required to file EEO-1 Component 1 Reports, the acquiring company can proceed with adding the aquiree’s establishment(s) to the acquiring company’s database in the EEO-1 Component 1 Online Filing System. There is no need to report this change to the EEO-1 Component 1 Filer Support Team prior to filing an EEO-1 Component 1 Report.

Spinoffs

If a company has experienced a spinoff since the last data collection period. How should these changes be reflected in this year's report?

Spinoffs which occurred between January 2019 and December 2020 should be reported to the EEO-1 Component 1 Filer Support Team through the filer support page ‘Contact Us’ Form. When contacting the support team, please be prepared to provide the following:

  1. Provide the current parent company’s Name, Company ID and/or EIN (if known).
  2. Specify the new headquarters for the newly spun off company, as well as the list of all physical addresses or locations that will serve as establishments (unit numbers, if known).
  3. Provide the new company’s contact information including, name, title, email, and phone number.
Bankruptcy

If a company has filed for bankruptcy, are they still required to file the EEO-1 Component 1 Report?

Depending on the effective date of the bankruptcy and the workforce snapshot pay period selected, the company may or may not be required to submit an EEO-1 Component 1 Report. If the company selects a workforce snapshot pay period that occurred prior to the finalization of the bankruptcy, the company is required to file. However, if a company completed the bankruptcy prior to the selected workforce snapshot pay period, then they must contact the EEO-1 Component 1 Filer Support Team through the filer support page ‘Contact Us’ Form with bankruptcy notice documentation showing that the company is now out of business and has ceased operations. The company will then be removed from the mailing list. Until the bankruptcy is complete, the company must continue to file EEO-1 Component 1 Reports as required.

If a company has undergone an asset acquisition, are they still required to file the EEO- 1 Component 1 Report?

No, the company that has been acquired through asset acquisition is not required to file EEO-1 Component 1 Reports under the current company name. The company that acquired the assets must add each acquired establishment through the EEO-1 Component 1 Online Filing System.

Asset acquisitions which occurred since the last data collection period should be reported to the EEO-1 Component 1 Filer Support Team through the filer support page ‘Contact Us’ Form. When contacting the support team, please be prepared to provide the following:

  1. Name and address of the acquiring company.
  2. Company ID and/or EIN of the acquiring company.
  3. Name, address Company ID and/or EIN of the company acquired through asset acquisition.
  4. New company contact information including, name, title, email, and phone number, if applicable.
  5. Specify which company is the acquiring company, and which company or establishments are the acquired company or establishments (company ID of all will be useful).
    1. If the acquiring company acquired a small company that otherwise would not be required to file the EEO-1 Component 1 Report, or has not previously filed, the acquiring company Name.

Timing of Company Changes

How does a company handle filing both 2019 and 2020 EEO-1 Component 1 Reports if a merger, acquisition, spinoff, or bankruptcy occurred in the past two years?

For both 2019 and 2020, report according to the status of the company during the workforce snapshot pay period selected for each year. This may be before or after the company change, and it may result in reporting differently for 2019 vs 2020. For example, a company that experienced a merger in 2020 would report 2019 data according to its pre-merger status in 2019, then a merger would need to be processed in the system for 2020, and the 2020 filing would report data according to the post-merger status.

Professional Employer Organization (PEO)

Considerations for PEOs

Is a PEO required to report client employees that do not meet the filing threshold?

A PEO is not required to report employees for a client company that would not be required to file if it were not for the PEO relationship. For example, a single establishment company and non-federal contractor with 50 employees would not report under the existing rule. Therefore, these co-employees should not be reported by a PEO.

Which EIN do PEOs use to file for client establishments?

A PEO should use the PEO’s EIN for PEO establishments and client EIN for its client’s establishments.

If a PEO does not provide EEO-1 Component 1 reporting services for all of a client company’s employees, is the PEO or the client company responsible for filing an EEO-1 Component 1 Report?

When a PEO and a client company’s contractual agreement does not include 100 percent of the covered client company’s employees, the covered client company, not the PEO, is responsible for filing the EEO-1 Component 1 Report. Partial workforce PEO arrangements are not permitted in EEO-1 Component 1 Reporting.

Which NAICS code(s) should a PEO use for its headquarters and any establishment reports?

PEOs should use NAICS Code 561330 – Professional Employer Organizations, to file for their headquarters and any establishment locations in which the major business activity is providing human resources and human resource management services to client businesses. All client company establishments should be assigned NAICS based on major business activity at the establishment to identify the correct NAICS code for each establishment, please reference this 2012 to 2017 NAICS crosswalk .

If a PEO is responsible for a company’s EEO-1 Component 1 reporting, can the EEOC Employer Data Team provide the client company with its establishment EEO-1 Component 1 Reports or any client company data directly?

No. The PEO is considered the employer of record by the EEOC. As such, the EEOC may only provide the establishment reports and client data submitted by the PEO to the PEO’s EEO-1 Component 1 company contact. A company should contact its former PEO to request copies of prior year EEO-1 Component 1 Reports that were submitted to the EEOC on their behalf by the PEO.

Can a PEO submit 2019 and 2020 EEO-1 Component 1 Reports for one client company before filing 2019 and 2020 EEO-1 Component 1 Reports for another client company?

No. Filers must first file 2019 reports for all of client companies prior to filing EEO-1 Component 1 Reports for 2020.

Is a PEO responsible for reporting 2019 EEO-1 Component 1 data for a client company acquired after the 2019 workforce snapshot pay period (i.e., pay period) selected by the PEO?

No. If a client company was not a PEO client as of the selected 2019 workforce snapshot pay period (i.e., pay period), the client, not the PEO is responsible for filing the client company’s 2019 EEO-1 Component 1 Report.

Administrative Services Organization (ASO)

Considerations for ASOs

Are there special procedures for ASO filers, or people responsible for filing for multiple companies?

The filing system now allows for users to link multiple companies to an individual account. A filer will first set up an individual account using one Company ID and passcode. Once this individual account is created, the filer can link additional companies to that account using the Company ID and passcode for those companies. The filer will file separate EEO-1 Component 1 Reports for each company and certify each company’s EEO-1 Component 1 Report separately.

Please keep in mind:

  • Each individual account in the EEO-1 Component 1 Online Filing System can be linked to one or more companies.
  • A filer must have the Company ID and passcode for each company to link the company to their individual account.
  • A filer can complete the EEO-1 Component 1 Report for each company linked their account separately.

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